Bar Council of India's Batch-Wide Enrolment Freeze on NALSAR Graduates Questioned
The Bar Council of India (BCI) initially directed State Bar Councils to halt enrolment for all NALSAR 2026 graduates amid an inquiry into a student protest. This order was later modified, but questions remain about the BCI's statutory powers.
Key takeaways
- The BCI initially ordered a halt to NALSAR 2026 graduates' enrolment due to a student protest inquiry.
- The BCI subsequently modified its order, allowing enrolment while the inquiry continues.
- Legal experts question the BCI Chairman's authority to impose batch-wide enrolment restrictions.
- State Bar Councils are primarily responsible for advocate enrolment according to the Advocates Act, 1961.
The Bar Council of India (BCI) issued a directive on August 13, instructing all State Bar Councils to refrain from enrolling any graduate from the National Academy of Legal Studies and Research (NALSAR) for the year 2026. This action was prompted by an inquiry into a student protest against the participation of Chief Justice of India Surya Kant at NALSAR's convocation.
BCI Chairman Manan Kumar Mishra sought a report from NALSAR to identify students involved in organizing the protest. Mishra stated that students showing disrespect to the judiciary would be a liability to the legal profession. Subsequently, the BCI amended its directive, allowing NALSAR 2026 graduates to enroll with their chosen State Bar Council, while the inquiry proceeded.
Statutory Authority and Questions of Legality
The BCI's initial batch-wide restriction has raised concerns regarding the statutory powers of the BCI, the authority of its Chairman, and the legality of imposing a group-wide measure before individual accountability is established. The Bar Council of India operates as a statutory body established under the Advocates Act, 1961. Its responsibilities include setting professional conduct standards for advocates and exercising general supervision and control over State Bar Councils.
The Act also empowers the BCI to outline legal education standards and inspect universities whose degrees qualify for enrolment. The BCI has the authority to frame rules concerning professional conduct and legal education standards. Furthermore, Section 48B allows the BCI to issue necessary directions to State Bar Councils for efficient functioning.
Rule 15 of the BCI Rules designates the Chairman with general oversight of the Council's affairs, while Rule 18 grants the Chairman the power to issue interim orders in matters arising from the Council's supervisory jurisdiction.
Legal Interpretation of Enrolment Powers
Legal experts have questioned the BCI Chairman's authority to issue such a sweeping order. Advocate N. Manoj Kumar, a member of the BCI and the Bar Council of Kerala, stated that the directive to halt enrolment for the entire 2026 NALSAR batch lacks statutory basis. He emphasized that admitting individuals as advocates is primarily the function of State Bar Councils under the Advocates Act, and there is no specific provision enabling the BCI Chairman, acting alone, to suspend the enrolment of an entire graduating class.
The Advocates Act assigns State Bar Councils the authority to admit individuals to their rolls under Section 6(1)(a). Sections 24 and 24A outline the qualifications and disqualifications for enrolment, respectively. Sections 25 and 26 detail the procedure for admission, and Section 26A permits State Bar Councils to remove names from their rolls.
Advocate Yeshwanth Shenoy, also a member of the Bar Council of Kerala, asserted that the BCI cannot impose blanket restrictions. He argued that each application must be evaluated individually, and individuals meeting the statutory requirements are entitled to enrolment. Shenoy further commented that a person's conduct is distinct from their eligibility for enrolment as an advocate.
Key Facts
- On August 13, the Bar Council of India (BCI) Chairman Manan Kumar Mishra directed State Bar Councils not to enrol any NALSAR 2026 graduate.
- This directive followed an inquiry into a student campaign opposing Chief Justice of India Surya Kant's participation in NALSAR's convocation.
- The BCI later modified the order, permitting NALSAR 2026 graduates to enroll while continuing the inquiry.
- The Advocates Act, 1961, establishes the BCI and empowers it with supervision over State Bar Councils and setting legal education standards.
- State Bar Councils are responsible for admitting individuals as advocates under the Advocates Act.
Sources reviewed
Project Chintan independently synthesized and analyzed information cross-checked across the sources listed above.
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